Haldeman v. United States
91 U.S. 584

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U.S. Supreme Court

Haldeman v. United States, 91 U.S. 584 (1875)

Haldeman v. United States

91 U.S. 584

Syllabus

1. The entry of a judgment, "that the suit is not prosecuted, and be dismissed," is nothing more than the record of a nonsuit.

2. The words "dismissed agreed," entered as the judgment of a court, do not of themselves import an agreement to terminate the controversy, nor imply an intention to merge the cause of action in the judgment.

3. If the agreement under which the suit was dismissed settled or released the matter in controversy, that fact must be shown by the plea to render it available as a bar to a second suit in respect of the same matter.

Page 91 U. S. 585

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